Power from Within: A Guide to Success as a Medical Malpractice Defense Expert
There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation’s chronic "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree.

National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however.

Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant’s perspective as a "no-cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.

1137899028
Power from Within: A Guide to Success as a Medical Malpractice Defense Expert
There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation’s chronic "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree.

National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however.

Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant’s perspective as a "no-cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.

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Power from Within: A Guide to Success as a Medical Malpractice Defense Expert

Power from Within: A Guide to Success as a Medical Malpractice Defense Expert

by Jeffrey A. Krompier, Esq.
Power from Within: A Guide to Success as a Medical Malpractice Defense Expert

Power from Within: A Guide to Success as a Medical Malpractice Defense Expert

by Jeffrey A. Krompier, Esq.

Paperback

$55.99 
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Overview

There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation’s chronic "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree.

National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however.

Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant’s perspective as a "no-cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.


Product Details

ISBN-13: 9780367677374
Publisher: Taylor & Francis
Publication date: 10/11/2021
Pages: 176
Product dimensions: 6.12(w) x 9.19(h) x (d)

About the Author

In 1988, the New Jersey Supreme Court certified Mr. Krompier as a Civil Trial Attorney. Throughout his career, Mr. Krompier has been recertified six times (1995, 2002, 2007, 2012, 2017 and 2022) by the New Jersey Supreme Court as a Civil Trial Attorney. In 2012, he received certification in Civil Trial Advocacy by the ABA-accredited National Board of Trial Advocacy and certification in Civil Pretrial Practice Advocacy by the ABA-accredited National Board of Civil Pretrial Practice Advocacy. In 2017 and 2022, Mr. Krompier was recertified in Civil Trial Law and Civil Practice Advocacy by the National Board of Trial Advocacy. He is a member of the American Bar Association, American Board of Trial Advocates with Advocate ranking and is a lifetime charter member of Rue Ratings’ Best Attorneys of America.

 

For the last 18 consecutive years (2007–2024), he was named a New Jersey Super Lawyer and has been listed in Super Lawyers magazine corporate counsel (2009–2011) and business (2011–2018) editions. In 2014, Mr. Krompier was named an Elite American Lawyer and honored for excellence in the law (2014–2015) by Worldwide Registry. In each of the years 2014 through 2019, he was named one of America’s Most Honored Professionals by the American Registry, which also named Mr. Krompier one of America’s Most Honored Lawyers in 2020, 2021, 2022 and 2023. He also was identified as a Distinguished Attorney by Martindale-Hubbell each year from 2014 through 2024.

 

In addition, Mr. Krompier is a named expert in the field of medical and dental malpractice defense litigation by Worldwide Who’s Who and in 2015 became a lifetime member of Trademark Who’s Who Honors Edition. In 2017, he was included in Worldwide Publishing’s Top Lawyers – The Secrets to Their Success. In 2018, 2019, 2020, 2021, 2022, 2023 and 2024, Mr. Krompier was named one of America’s Top 100 High Stakes Litigators for New Jersey and one of America’s Top 100 Civil Defense Litigators for New Jersey. In 2021, 2022, 2023 and 2024, he was named one of America’s Top 100 Medical Malpractice Litigators for New Jersey.

 

Mr. Krompier is a member of the New Jersey Bar (1980) and the New York Bar (1988) and has been admitted to the U.S. District Court for the District of NJ (1980) and the U.S. Court of Appeals for the Third Circuit (1986). In 2021, Mr. Krompier was admitted to the Bar of the Supreme Court of the United States.

 

Mr. Krompier has defended in excess of 700 malpractice lawsuits involving most medical specialties and has served as defense counsel in more than 100 malpractice trials from jury selection through verdict.

 

This is Mr. Krompier’s second book. In 2012, he published Defense From Within – A Guide to Success As a Dental Malpractice Defense Expert for dental practitioners

Table of Contents

Preface xi

Author xv

1 Introduction-Basic Requirements 1

Time and Flexibility 1

Communication Skills 4

Team Participation 5

2 Attorney's Perspective 7

Expert Fees 7

Availability 11

Accessibility 13

Cooperation 14

Credentials 15

Reasonable Standards 19

Report Preparation 24

Insulation from Collateral Examination 25

Handling Examination 27

Credibility 31

Personality 32

Appearance 34

3 Jury's Perspective 37

Presentation 37

Organization 39

Subject Familiarity 41

Question Responsiveness 42

Interpersonal Connection 44

Testimony Content 46

Trial Aids 47

Intangibles 51

4 Case Participation 53

Telephone Conferences 53

Document Review 55

Case Assessment 57

Literature Review 58

Supplemental Document Review 58

Deposition Testimony 59

General Assistance 60

Trial Stage 61

5 The Expert Opinion 63

Verbal Opinion 65

Written Report 65

Materials Reviewed 67

Facts 68

Issues 68

Opinions 69

Foundation for Opinions 69

Ultimate Conclusion 70

Independent Medical Examination 71

Potential Pitfalls 73

Issue Identification 74

Comprehensive Opinions 74

Opinion Foundation 74

Causation 75

Overreaching 75

Attorney Summaries 77

Items Reviewed 77

Factual Accuracy 78

6 The Deposition 79

Location 79

Fees 80

Transcript 81

Purpose 82

Attire 84

Deposition Preparation 84

Available Documents 87

Areas of Examination 87

Gratuitous Testimony 90

7 The Trial 95

Fees 95

Pre-trial Preparation 96

Understanding Your Environment 98

Trial Sequence 99

Intra-trial Events 103

Understanding Your Role 106

Courtroom Demeanor 108

Testimony 113

8 Creating an Effective Curriculum Vitae 125

Education and Training 126

Board Certification 126

Hospital Affiliations 126

Academic Positions 127

Professional Organizations 127

Military Experience 127

Awards and Honors 128

Publications, Presentations, Seminars and Lectures 128

Athletic Program Affiliations 128

Public Service 129

Media Appearances 129

9 Getting Started 131

Your Malpractice Attorney 132

Liability Carriers/Brokers 135

Colleagues, Patients and Attorneys 137

Advertisement 138

Expert Agencies 141

Mass Mailings 144

Websites 144

10 Rules of Conduct 147

11 Accepting the Challenge 153

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